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10 U.S.C. § 223 — Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 223 — Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

### Statutory Notes Section, added Pub. L. 105–261, div. A, title II, § 235(a)(1), Oct. 17, 1998, 112 Stat. 1953; amended Pub. L. 107–107, div. A, title II, § 232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107–314, div. A, title II, § 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L. 108–136, div. A, title II, § 221(a), (b)(1), (c)(1), Nov. 24, 2003, 117 Stat. 1419, related to program elements for ballistic missile defense programs. See [section 5511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section5511&num=0&edition=prelim). #### Acquisition Accountability Reports on the Ballistic Missile Defense System Pub. L. 111–383, div. A, title II, § 225, Jan. 7, 2011, 124 Stat. 4170, related to acquisition baselines, elements of baselines, and annual reports, prior to repeal by Pub. L. 112–81, div. A, title II, § 231(b)(1), Dec. 31, 2011, 125 Stat. 1339. #### Cooperative Ballistic Missile Defense Program Element Pub. L. 105–85, div. A, title II, § 233, Nov. 18, 1997, 111 Stat. 1663, as amended by Pub. L. 107–314, div. A, title II, § 225(b)(4)(A), Dec. 2, 2002, 116 Stat. 2486, directed the Secretary of Defense to establish the Cooperative Ballistic Missile Defense Program to support cooperative efforts between the United States and other nations that contributed to United States ballistic missile defense capabilities.

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Source location: Title 10, Chapter 9, § 223; chapter-009-defense-budget-matters.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5511 — Ballistic missile defense programs: program elements

**(a) Program Elements Specified by President.—** In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify. **(b) Separate Program Elements for Programs Entering Engineering and Manufacturing Development.—** (1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element. (2) In this subsection, the term “engineering and manufacturing development” means the period in the course of an acquisition program during which the primary objectives are to— (A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design; (B) validate the manufacturing or production process; and (C) demonstrate system capabilities through testing. **(c) Management and Support.—** The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 221 — Future-years defense program: submission to Congress; consistency in budgeting

**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. **(b)** (1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5514 — Acquisition accountability on the missile defense system

**(a) Baselines Required.—** (1) In accordance with paragraph (2), the Director of the Missile Defense Agency shall establish and maintain an acquisition baseline for— (A) each program element of the missile defense system, as specified in section 223 11 See References in Text note below. of this title; and (B) each designated major subprogram of such program elements. (2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters— (A) engineering and manufacturing development (or its equivalent); and (B) production and deployment. (3) Except as provided by subsection (c), the Director may not adjust or revise an acquisition baseline established under this section. **(b) Elements of Baselines.—** Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following: (1) A comprehensive schedule, including— (A) research and development milestones; (B) acquisition milestones, including design reviews and key decision points; (C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests; (D) delivery and fielding schedules; (E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and (F) planned contract award dates. (2) A detailed technical description of— (A) the capability to be developed, including hardware and software; (B) system requirements, including performance requirements; (C) how the proposed capability satisfies a capability requirement or performance attribute identified through— (i) the missile defense warfighter involvement process, as governed by United States Strategic Command I

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 223 — Untitled legal text

Page 314 TITLE 10—ARMED FORCES § 222e 1 Another section 222e is set out preceding this section. See Codification note below. 2 See References in Text note below. (c) FORM.—The report required under sub- section (a) shall be submitted in machine read- able, electronic form. (Added Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378.) Editorial Notes CODIFICATION Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378, provided that this chapter was amended by inserting this section ‘‘after section 222d’’. Another sec- tion 222e, which is set out after this section, had been added and inserted ‘‘after section 222d’’ by Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182. § 222e.1 Unfunded priorities of the Under Sec- retary of Defense for Research and Engineer- ing: annual report (a) ANNUAL REPORT.—Not later than 10 days after the date on which the budget of the Presi- dent for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Sec- retary of Defense, after coordinating with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the unfunded priorities of the De- partment of Defense related to activities for which the Under Secretary of Defense for Re- search and Engineering has authority. (b) ELEMENTS.— (1) IN GENERAL.—Except as provided in sub- section (c), each report submitted under sub- section (a) shall specify, for each unfunded pri- ority covered by such report, the following: (A) A summary description of such pri- ority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds rec- ommended in connection with the objectives u

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